What is an open adoption agreement?

An open adoption agreement is a written contract between a birth parent and an adoptive parent or family that establishes the relationship between the two parties and their rights and responsibilities. It is a way of ensuring that the best interests of the child are protected. In Indiana, it is important to have an open adoption agreement so that there are clear guidelines for access to the child and communication between the two parties, as well as clarity on issues such as child support payments. Open adoption agreements are different from closed adoptions, in which the birth parent and adoptive parent are usually not able to maintain contact with each other. In an open adoption, the birth parent often retains parental rights and can even have significant involvement in the child’s life. Common members of open adoption agreements include details regarding communication and contact between the birth parent and adoptive parent, the level of contact (in-person, telephone or email, etc.), the right to access the child’s medical and educational records, and other matters regarding the child’s life. Open adoption agreements are legally binding and are meant to ensure both parties’ rights are protected. In Indiana, adoption statutes require that the vast majority of adoption agreements to be open. It is important that all parties involved in an open adoption are well informed and understand the terms of the contract.

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